Andhra Pradesh Court December 1996 Judgments
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Vatcha Chandra Kumari Vs. Atava Narasimha Rao
Court: Andhra Pradesh
Decided on: Dec-31-1996
Reported in: 1997(3)ALT459
S. Dasaradharama Reddy, J.1. The petitioner who is landlady and native of Chagallu filed eviction petition on 6-9-1978 seeking eviction of the respondent-tenant from the Mulgi in Rajahmundry on the grounds of wilful default and bona fide requirement. The learned Rent Controller held that there was no default in payment of rents but allowed the eviction petition upholding the landlady's contention about the bona fide requirement. During hearing of the appeal preferred by the tenant, learned counsel for the landlady was not present and the appeal was allowed ex parte. Though the question of wilful default was not subject matter of appeal, the learned Subordinate Judge, gave finding in favour of the tenant on this issue also. Aggrieved by this, the landlady filed revision in this Court which was allowed on 8-8-1986 by this Court and the plea of the petitioner for personal occupation was upheld. The landlady did not canvass the finding of the two Courts below regarding wilful default. On a...
In Re: Nav Chrome Ltd.
Court: Andhra Pradesh
Decided on: Dec-30-1996
Reported in: [1997]89CompCas285(AP)
S. Dasaradha Rama Reddy, J.1. The petitioner in Company Petition No. 92 of 1996 is the transferor company while the petitioner in Company Petition No. 93 of 1996 is the transferee company. The main objects of the transferor company are to carry on the business of manufacturing ferrous and non-ferrous metals, alloy steels, special steels, ferro alloys, ferro chrome, etc., and to manufacture electro-chemical and electro metallurgical products etc. It is at present engaged in sale and manufacture of minerals, charcoal, machinery, etc. The main objects of the transferee company are manufacture of manganese, calcium carbide, etc. It is at present engaged in manufacture and sale of ferro alloys, sugar and machine building. The transferor company seeks to amalgamate with the transferee company as the result of amalgamation will benefit their optimum utilisation of raw materials, high value spares, consumables, high rate of electrical equipment, etc., resulting in saving of considerable amount...
Sambasiva Rao G. Vs. A.P.S.R.T.C. and ors.
Court: Andhra Pradesh
Decided on: Dec-30-1996
Reported in: 1997(1)ALT219
ORDER1. An argument based on a startling hypothesis is putforth in this case by the learned counsel for the petitioner-workman. The hypothesis runs like this : In a disciplinary proceeding if an appellate authority imposes any penalty other than a penalty specified under the Certified Standing Orders or the Rules or the Regulations governing the disciplinary proceedings and if the validity of such action of the appellate authority is questioned in a writ proceeding, the High Court, as a matter of course and legal compulsion, should necessarily set aside the order of the appellate authority and direct reinstatement of the workman with continuity of service with full back wages, without going into the merits of the matter. The hypothesis is startling indeed ! But, Sri V. Viswanatham, the learned counsel for the petitioner-workman has least hesitation to advance such apparently awkward argument because according to him such reliefs were granted by this Court in number of cases and the fac...
K. Vedanand Vs. the Regional Manager, Ranga Reddy Region, A.P.S.R.T.C. ...
Court: Andhra Pradesh
Decided on: Dec-30-1996
Reported in: 1997(2)ALT164
G. Bikshapathy, J.1. This Writ Petition is filed for issuance of Writ of Mandamus declaring the action of the 1st respondent in forfeiting the sum of Rs. 1,00,000/- of Earnest Money Deposit (for short 'EMD) deposited by the petitioner as illegal and arbitrary.2. The petitioner submits that the 1st respondent issued tender notification on 10-7-1996 for running scooter stand in an open space of 15,000 Sq. Ft. at Imlibun Bus stand. Along with others, the petitioner also submitted a tender in the prescribed form. He also enclosed an Account Payee Cheque for Rs. 2,50,000/- and a Demand Draft for a sum of Rs. 1,00,000/- The tenders were opened on 15-7-1996. The petitioner stood at fourth place. Accordingly, the highest tenderer was awarded the contract for running the scooter stand. It is the case of the petitioner that consequent on the rejection of the tender on the ground that the petitioner was not the highest tenderer the EMD was required to be refunded to him. However, the Corporation ...
Om Prakash Gupta and ors. Vs. State of A.P. Rep. by Its Secretary, Mun ...
Court: Andhra Pradesh
Decided on: Dec-30-1996
Reported in: 1997(1)ALT397
G. Bikshapathy, J.1. This Writ Petition is filed challenging the Permit No. 405 of 66 dated 21-11-1992 in File No. 142/2/21/92/1 to 4 issued by the 2nd respondent - Commissioner, Municipal Corporation of Hyderabad in favour of the 3rd respondent as illegal, invalid and contrary to law.2. The case contains voluminous facts. The 3rd respondent is the owner of house bearing Municipal No. 21-2-142/1 to 4 having an extent of 102 Square Yards situated at Charkaman, Hyderabad. She applied for permission to construct a house by relaxing the rules. The Government issued G.O.Rt. No. 1835 dated 29-10-1984 relaxing the rules in favour of 3rd respondent. However, the 3rd respondent abusing the permission granted to her had constructed three floors without any prior permission from the Municipal Corporation. Thereupon, the Municipal Corporation issued notices Under Section 452 of the Hyderabad Municipal Corporation Act (for short 'H.M.C. Act') on 11-7-1988 and Under Section 636 on 14-7-1988. Against...
Commissioner of Income-tax Vs. Jayalakshmi Oil Firm
Court: Andhra Pradesh
Decided on: Dec-27-1996
Reported in: [1997]228ITR443(AP)
B.S. Raikote, J.1. In obedience to the direction of this court dated September 25, 1986, in I.T.C. No. 313 of 1985, the Income-tax Appellate Tribunal, Hyderabad, Bench B, has stated the case and referred the following questions for the consideration of this court : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the firm would be entitled to registration notwithstanding that there is no evidence that the secret profits have been divided in accordance with the profit sharing ratios in the deed of partnership (2) Whether, on the facts and in the circumstances of the case, the decision of the Appellate Tribunal that the firm would be entitled to registration on the ground that the finding of the benami nature of Sri B. Narayana's partnership in the firm is based on surmises and doubts and not on facts, is based on facts and is rational, reasonable and free from perversity (3) Whether, on the facts and in the circumstance...
Hitech (India) Pvt. Ltd. Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Dec-27-1996
Reported in: [1997]227ITR446(AP)
Syed Shah Mohammed Quadri, J. 1. Common questions of law are urged in these writ petitions, so they are heard together and are being disposed of by a common judgment. For appreciating the facts which give rise to the questions referred to hereunder it will be enough to refer to the fact in WP No. 7516 of 1992 which are representative of the facts in the other writ petitions. 2. The petitioners are challenging the constitutional validity of s. 43B and s. 36(1)(va) of the IT Act, 1961, in so far as they provide for disallowance of the employer's contribution to provident fund, contribution to the employees' State insurance fund and the payment of employees' contribution to the provident fund and contribution to the employees' State insurance fund when the same are paid after the due dates in the respective Acts. 3. The petitioner is a private limited company. It is engaged in the business of manufacture and sale of electronic connectors for the defence sector and it is registered as a sm...
K. Pushpaleela Vs. Govt. of Andhra Pradesh Rep. by Its Secretary, Law ...
Court: Andhra Pradesh
Decided on: Dec-27-1996
Reported in: 1997(2)ALT388
B. Sudershan Reddy, J.1. The petitioner in the instant writ petition prays for an appropriate writ particularly one in the nature of Mandamus declaring G.O.Rt.No. 856 dated 12-11-1996 issued by the 1st respondent as illegal, unconstitutional and set aside the same.2. The petitioner has been appointed as an Asst. Govt. Pleader in A.P. Administrative Tribunal along with others vide G.O.Rt.No. 34, Law Department dated 16-1-1996. The petitioner assumed charge on 17-1-1996 and functioning as such. No doubt the petitioner complains that she was subjected to altogether a different treatment in the name of caste by some of the lady colleagues, practising in the Administrative Tribunal who belong to forward caste. She complains that she was subjected to insult and injury by their oblique references to caste to which the petitioner belongs. It is alleged that on 4-9- 1996 the petitioner was insulted in the name of caste by one Smt. Revathi, an Advocate and the petitioner has informed to several ...
Zuari CrefIn Limited Rep. by Its Director Vs. Asst. Commissioner of Po ...
Court: Andhra Pradesh
Decided on: Dec-27-1996
Reported in: 1997(2)ALT86
ORDERP. Venkatarama Reddi, J.1. This Civil Revision Petition is filed against the order returning the plaint for representation with an endorsement that the same has to be represented only after complying with Section 80 C.P.C.2. The petitioner presented the suit seeking the following reliefs against the defendants:'(a) Mandatory direction to the first defendant to deduct the equated monthly instalments (EMI) from the salary of the second defendant as per the undertaking dated 22-3-1993 given to the plaintiffs and continue to do so till the amounts are fully recovered to the plaintiff.(b) A decree or in the alternate of Rs. 32,151/- against the defendants Nos.2 to 4 jointly and severally being the amounts due and payable under the loan agreement together with towards delayed payment charges, and(c) Damages of Rs. 5,000/- against the defendants Nos. l to 4 jointly and severally.(d) Interest at 36% per annum on the amount of payable towards the balance of monthly instalments not paid.(e)...
Godavari Metal Rolling Mills (Contractor's Firm) rep. by Its Managing ...
Court: Andhra Pradesh
Decided on: Dec-27-1996
Reported in: 1997(2)ALT496
ORDERV. Bhaskara Rao, J.1. This revision petition is filed by the tenant against the decree and order in R.C.A. No. 30/1988 on the file of Subordinate Judge, Rajahmandry, dated 28-8-1981 assailing the eviction order in respect of the petition schedule premises which is let out for a composite purpose of residential and non- residential purposes being contrary to the authority in Dr. Madhusudan Mahuli v. L. Indira Bai, 1987 (2) ALT 504 = 1988 (1) APLJ 159. and ignoring the fact that the landlord/respondent is only a sleeping partner in a firm Viswanadha Traders and no family member ever carried on business at any time.2. The facts giving rise to this revision petition in brief are that the landlord filed R.C.C. No. 63/1981 under Section 10(3)(a)(i) and (iii) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, for short the 'Act', on the ground that he has completed his studies and intends to engage himself in whole time business independently as well as in partnership, w...
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